Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Statement made by a party or by his counsel towards compromise which is taken down in writing is as good as a written compromise and would satisfy requirements of O.23.R.3 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Very purpose of incorporating that a compromise should be in writing was to ensure that everything is there in black-and-white and that there is no ambiguity in respect of terms of compromise so that either of party does not turn round at a later stage to back out on some terms or tries to misinterpret some terms..........
Civil Procedure Code, 1908, Order 23, Rule 3, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Compromise - Eviction suit - Written statement by landlords and his counsel in collusion with tenant`s counsel in Court - Plea of recording of statement by allurement and collusion by tenant`s counsel - There is nothing to show that petitioner had ever filed..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise during pendency of appeal - Issue which is subject matter of appeal amicably settled between parties - Compromise deed entered into in between parties, appended with application - Appeal disposed of in terms of compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - Parties entered into compromise - One party relinquished her share in subject matter of suit by receiving some amount - Said relinquishment is taken on record - Parties have agreed to share property as per said entitlement - Suit rightly decreed in terms of compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Conditions to be satisfied to record compromise : (1) There should be a lawful agreement or compromise; (2) Compromise has to be in writing and signed by the parties; (3) Compromise must be recorded by Court; (4) A decree on such compromise can be passed so far it relates to the parties to the suit but may extend..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Recording of compromise between some of parties to suit is not a proper compromise - If the compromise is not signed by all the parties, compromise cannot be recorded validly U.O.23.R.3 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Must be in writing and signed by parties is mandatory and cannot be dispensed with...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Court is not obliged to pass a decree as soon as compromise is recorded - It is duty of Court to satisfy itself the legality of agreement, compromise or settlement in question...........
Civil Procedure Code, 1908, Order 23, Rule 1A, 3 -- Transposition of a party as plaintiffs - Plaintiff neither withdrawing nor abandoning suit - He is seeking recording of compromise in terms of compromise arrived at between him and defendants - Application for transposition is thus, not maintainable...........
